Florida Real Estate Practice Exam

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In a tenancy in common, do owners have the right to pass their interests to heirs?

  1. Yes, and it has right of survivorship

  2. No, it automatically goes to the remaining owners

  3. Yes, but it does not have right of survivorship

  4. No, interests are dissolved on death

The correct answer is: Yes, but it does not have right of survivorship

In a tenancy in common, each owner has an undivided interest in the property. This means that they have the right to sell or transfer their share to another person during their lifetime. However, in the case of death, the share of the deceased owner does not automatically go to the remaining owners (option B) or is dissolved (option D). Instead, the share can be passed on to their heirs according to their will (option A) or state inheritance laws. However, this does not include the right of survivorship, meaning that the remaining owners do not automatically inherit the share of the deceased owner.

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